Dismissed

Niyaz Ahemad v. State of Up and Another

Allahabad HC9 Jan 2020A482/803/2020

Case brief

AI extract

What is this about?

The High Court rejected the application to quash criminal proceedings under Section 482 Cr.P.C., holding disputed factual issues could not be adjudicated at this stage. The Court directed the lower court to decide the bail application expeditiously if the applicant surrenders within 30 days.

What did the court decide?

Application to quash dismissed. Bail application to be decided expeditiously if applicant surrenders within 30 days; no coercive action against applicant for that period.

Niyaz Ahemad Vs State of Up and… — Constitutional and Fundamental Rights | Allahabad HC (2020)

¶1

Court No. - 74

¶2

Case :- APPLICATION U/S 482 No. - 803 of 2020

¶3

Applicant :- Niyaz Ahemad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Singh Gour,Tinku Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Om Prakash-VII,J.

¶5

Heard learned counsel for the applicant and the learned AGA appearing for the State.

¶6

This application under Section 482 Cr.P.C. with the prayer to quash the charge sheet as well as proceedings of criminal case no. 135 of 2019 arising out of crime no. 201 of 2017, under Sections 498-A, 323 IPC and Section 3/4 D. P. Act, Police Station Karari, district Kaushambi pending in the court of Chief Judicial Magistrate, Kaushambi. Further prayer has been made to stay the proceedings of the aforesaid case.

¶7

It is submitted by the learned counsel for the applicant that the FIR has been lodged on false grounds while the applicant had not committed any offence. The police has also submitted charge sheet on the basis of insufficient evidence against the applicant. Essential ingredients to constitute offence are lacking. The present prosecution has been instituted with a malafide intention. Learned counsel for the applicant pointed out certain documents and statements in support of the contention.

¶8

Learned A.G.A. has opposed the prayer.

¶9

From a perusal of the material available on record and keeping in view of the facts of the case, at this stage it cannot be said that offences levelled against the applicant are not made out. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr. P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Hon'ble Supreme Court in the cases of R. P. Kapur Vs. State of Punjab A.I.R. 1960 S.C. 866; State of Haryana Vs. Bhajan Lal 1992 SCC (Cr.) 426; State of Bihar Vs. P. P. Sharma 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para 10) 2005 SCC (Cr. ) 283. The prayer made in the application is refused.

¶10

At this stage, learned counsel for the applicant prays that a direction may be issued to the Court below for expeditious disposal of the bail application of the applicant.

¶11

Hence it is directed that in case the applicant surrenders before the court below and applies for bail within 30 days from today the same shall be considered and decided in view of the settled law. For a period of 30 days from today, no coercive action shall be taken/given effect to against the applicant. It is made clear that no further time will be allowed to the applicant for surrender before the court concerned.

¶12

With the above observations, the application stands disposed of. Order Date :- 9.1.2020

¶13

Sachdeva

Niyaz Ahemad v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Niyaz Ahemad v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gurinder Singh Goindi Vs State of U.P. and Another

Sabir Vs State of U.P. and Another

Smt. Aruna Mishra Vs State of U.P. and Another

Nakir Ansari Vs State of Up and 3 Others

Dinesh Kumar Vs State of U.P. and Another

Smt. Manju Soni Vs State of U.P. and 6 Others